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USMC | DRB | 2006_Marine | MD0600421
Original file (MD0600421.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-Pvt, USMC
Docket No. MD06-00421

Applicant’s Request
The application for discharge review was received on 20060123 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . The Applicant requests a documentary record discharge review. The Applicant designated American Legion as the representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20061116 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to drug abuse.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application to the Board:
“Prior to my lack of judgement, I was a Corporal in the United States Marine Corps. I was considered by my superiors, both commissioned and non-commissioned, as an exemplary Marine, and Squad Leader. I have served twice in combat zones. The first of which was during Operation Enduring Freedom while I was attached to the 26 th MEU (SOC). I served as a machine gunner in defense of Kandahar International Airport, where I spent the holidays, as well as the passing of my Grandfather. This is also where I earned my combat Action Ribbon. The second time was in defense of the United States Embassy in Kabul, Afghanistan, where I was the NCOIC of what was considered “The Most Dangerous Post in Afghanistan.” More about my duties here are stated in the attached “Certificate of Commendation. ” As can be seen by my actions other than this one discrepancy, I was on the road to becoming a career Marine. All was cut short by the reality of peer pressure upon returning home from Kabul. This though does not excuse my actions for which I truly pay for every day. I am haunted by the reality of possibly never being able to get a serious job, or any job for that matter concerning public service.
 I simply ask that this board judge my request on the merits and duties earned through hard work and Core Values. I hope that I can still be proud of what I did for my country those three years, without the thoughts of one single incident ruining everything else. Thank You. ”
Additional issues submitted by Applicant’s counsel/representative (American Legion):

 "Equity Issue: Pursuant to 10 USC 874 (b) (UCMJ, Article 74) and in accordance with SECNAVINST 5420.174D, Part IV, Paragraph 403 m (7), we request, on behalf of this former member, the Board’s clemency relief with an up-grade of his characterization of service on the basis of his post-service conduct.

In accordance with Title 32, CFR, section 724.116 and SECNVINST 5420.174D, Part I, Paragraph 1.20, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue(s) and following statement in supplement to this Applicant’s petition.

Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded because the discharge does not represent his true character. He has submitted 4 pages of additional service records. On his DD Form 293, the Applicant states that an upgrade is warranted based upon his wartime service.

The SRB shows that this Applicant earned Good Conduct Medal, Combat Action Ribbon, Sea Service Deployment Ribbon (2), Armed Forces Expeditionary Medal, National Defense Service Medal, Navy Unit Commendation, Certificate of Appreciation, Meritorious Mast, Rifle Sharpshooter, and a Pistol Marksman Badge. This Applicant’s earned average proficiency markings of 4.4 and an average conduct mark of 4.4. This Applicant was discharged General (Under Honorable Conditions) due to misconduct authorized by MARCORSEPMAN PAR 6210.5.

The American Legion’s express purpose in providing this statement, and any other submittals or opinions of record, is to aid the applicant in resolving any improprieties or inequities in the character and basis for discharge. Moreover, we rest assured that the Naval Discharge Review Board’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by title 10 U.S.C., section 1553, and set forth in 32 C.F.R., part 724; SECNAVINST 5420.174C, enclosure (1).

This case is now respectfully submitted to the Board for deliberation and disposition.

[signed]
S. S_
Military Review Boards
Representative ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 ( Member 4)
Meritorious Mast for outstanding service, dtd October 1, 2001
Certificate of Promotion to Corporal, dtd August 1, 2002
Certificate of Commendation, dtd January 1, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USMCR (DEP)    20000612 - 20000718       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20000719              Date of Discharge: 20030926

Length of Service (years, months, days):

 Active: 0 3 0 2 0 8 (Does not exclude lost time.)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              37 days *

Age at Entry: 1 7

Years Contracted: 4

Education Level: 12                                 AFQT: 58

Highest Rank: Cpl                                    MOS: 0311

Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4 . 4 ( 7 )                                Conduct: 4 . 4 ( 7 )

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214): Marine Corps Good Conduct Medal, Combat Action Ribbon, Sea Service Deployment Ribbon (2d Award), Armed Forces Expeditionary Medal, National Defense Service Medal, Navy Unit Commendation, Certificate of Appreciation, Meritorious Mast, Rifle Sharpshooter, Pistol Marksman

*Extracted from DD Form 214 and Medical Record, Pre-confinement screening


Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENER AL (UNDER HONORABLE CONDITIONS)/ MISCONDUCT, authority: MARCORSEPMAN 6210.5.
Chronological Listing of Significant Service Events :

030 2 xx -   Applicant uses cocaine.
 0303xx:   [Extracted from Pre-Confinement Screening medical entry, dtd 03613.]

 030325:  Medical entry: Alcohol Treatment Facility, Naval Hospital, Camp Lejeune, NC, HM3 J_ A. H_, USN: Applicant refuses treatment for substance abuse. Counseled on availability of VA treatment.

 030613:  Appl icant found fit for confinement.

030627:  Applicant date of rank as Private/E-1.
         [Extracted from MCTFS Basic Individual Record.]

 030719:  Applicant released from confinement.
         [Extracted from DD 214, Block 29.]

030825:  Applicant was found physically qualified for separation.

 030923 :  Command er, 4 th Marine Expeditionary Brigade (AT), directs that the Applicant be discharge d by reason of misconduct due to drug abuse with a characterization of service as general (under honorable conditions) .

030926:  DD Form 214: Applicant discharged with character of service of General (Under Honorable Conditions) by reason of misconduct due to drug abuse.
Service Record Book contains a partial Administrative Discharge package.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030926 by reason of misconduct due to drug abuse (A) with a service characterization of general (under honorable conditions). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). In the absence of the complete discharge package, t he Board presumed regularity in the conduct of governmental affairs (D).
The Applicant seeks a characterization of service of honorable on the grounds that his drug use was “one discrepancy” in an otherwise noteworthy record. Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service record is marred by illegal drug use, and the Applicant does not deny or contest the basis for discharge. Mandatory processing for separation is required for Marines who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. Despite using cocaine, a serious offense in violation of Article 112a of the UCMJ for which a punitive discharge is authorized, the Applicant received a characterization of service as general (under honorable conditions ). Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable. Relief is not warranted.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. Relief denied.
The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required.
Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, (MCO P1900.16F, effective
01 Sep 2001 until Present, Paragraph 6210, MISCONDUCT .

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .


PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .
The names and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Secretary of the Navy    Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                   Washington Navy Yard DC 20374-5023

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